Law:

Section:

West Pakistan Civil Courts Ordinance (II of 1962)-

---- S.18 --- Civil Procedure Code (V of 1908), Ss.15, 16, 17, 20, 120 & 115 --- High Court's jurisdiction to entertain' revisions from the orders of Civil Courts from which revisions would otherwise be competent before the Court of District Judge --- High Court as also Court of District Judge have jurisdiction to entertain revision where value of subject-matter does not exceed limits of appelate jurisdiction of District Judge and where it exceeds such limit, High Court alone has the jurisdiction to entertain revision --- Revision, however, has to be governed by the provisions of S.18, West Pakistan Civil Courts Ordinance, 1962 as also S.15, Civil Procedure, Code, 1908 --- Value of subject matter of revision being within the jurisdiction of District Judge, same should have been filed before District Judge and not before the High Court.

The provision of S.115, Civil Procedure Code, 1908 very clearly establishes that in such cases where the value of the subject-matter does not exceed the limits of appelate jurisdiction of District Court, the revision application may be filed before the District Court and the District Court can exercise the same revisional power as vested in the High Court. Of course, the cumulative effect of the above provisions is that both the Courts, High Court as wel as Court of District Judge, have the jurisdiction to entertain a revision application but the same is also to be governed by the provisions of section 18 of West Pakistan Civil Courts Ordinance, 1962 as *el as section 15 of the Civil Procedure Code. Section 15 of Civil Procedure Code provides that every suit shal be instituted in the Court of lowest grade competent to try it. Section 120 of Civil Procedure Code provides that the provisions of sections 16, 17 and 20, C.P.C. would not apply to High Court in the exercise of its original civil jurisdiction. Applicability of section 15 has thus not been excluded by these provisions of Civil Procedure Code. The cumulative effect of the above-cited provisions shows that for the purposes of institution of proceedings the analogy of section 15, C.P.C. is to be followed, of course excluding the cases of Karachi District, which are governed by special law with regard to the original side jurisdiction of District Judge and Senior Civil Judge as compared to other parts of the Province of Sindh.